Stelpflug v. Wolfe
Supreme Court of Iowa
Appeal from, Pocahontas District Oourt. — HoN. W. B. QuaetoN, Judge. This action was originally brought at law to replevin certain furniture and fixtures used by the defendants Wolfe and wife in conducting a hotel as tenants of the plaintiff.
Read the full summary
Appeal from, Pocahontas District Oourt. — HoN. W. B. QuaetoN, Judge. This action was originally brought at law to replevin certain furniture and fixtures used by the defendants Wolfe and wife in conducting a hotel as tenants of the plaintiff. The interveners, Plartman and Jackson, claimed title to the property under a written contract with plaintiff, conveying to them the hotel premises in exchange for other property, and asked that the written contract be so reformed in equity as to cover the furniture and fixtures on the hotel premises. The case was transferred to the equity docket; and on…
1Opinion of the CourtMcClaiN, J.
Counsel for appellant now argue tbat tbe pleadings did not justify tbe granting of equitable relief to tbe interveners as against plaintiff. But tbe case was tried throughout on tbe theory tbat tbe right of interveners to equitable relief was tbe sole question in tbe case, and it is too late to raise any technical objection to tbe sufficiency of tbe pleadings. Enix v. Iowa Cent. R. Co., 114 Iowa, 508; Hough v. Gearen, 110 Iowa, 240; Lacy v. Kossuth County, 106 Iowa, 16.
Tbe contract of plaintiff relied on by interveners, transferred to them “ tbe hotel property and lot now owned by ” plaintiff…
2Cases cited8 opinions
- Bottorff v. LewisSupreme Court of Iowa · 1903
- Hopwood v. McCauslandSupreme Court of Iowa · 1903
- Hausbrandt v. HoflerSupreme Court of Iowa · 1902
- Lacy v. County of KossuthSupreme Court of Iowa · 1898
- Conner v. BaxterSupreme Court of Iowa · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Day v. DyerSupreme Court of Iowa · 1915
- Hyde Park Investment Co. v. Glenwood Coal Co.Supreme Court of Iowa · 1915
- Wallace v. SpraySupreme Court of Iowa · 1956
- Gjellefald v. Drainage District No. 42Supreme Court of Iowa · 1927
- Kanofsky v. WoerderhoffSupreme Court of Iowa · 1931
3 more not listed; retrieve them via the Exa API.